Interim Report - Report No 153, March 1976

Case No 801 (Uruguay) - Complaint date: 01-SEP-74 - Closed

157. The Committee on Freedom of Association has been examining various complaints alleging breaches of trade union rights in Uruguay, presented by the World Federation of Trade Unions, the World Confederation of Labour, the Uruguayan National Workers' Convention, the Latin American Workers' Confederation, the Trade Unions International of Workers of the Building, Wood and Building Materials Industries, the Trade Unions International of Chemical, Oil and Allied Workers, the Trade Unions International of Workers of the Public Services and Allied Occupations, the Trades Union International of Workers in the Metal Industries, the World Federation of Teachers' Unions, the Latin American Federation of the Building, Wood and Building Materials Industries, the International Federation of Actors, the Uruguayan Medical Trade Union and the Montevideo Bus Company. Almost all these complaints are combined in Case No. 763, regarding which the Committee has submitted four interim reports to the Governing Body which appear in paragraphs 532 to 552 of its 139th Report, paragraphs 191 to 221 of its 142nd Report, paragraphs 305 to 348 of its 147th Report and paragraphs 147 to 183 of its 149th Report. These reports were approved by the Governing Body at its meetings of November 1973, February-March 1974, November 1974 and March 1975, respectively.

1. 157. The Committee on Freedom of Association has been examining various complaints alleging breaches of trade union rights in Uruguay, presented by the World Federation of Trade Unions, the World Confederation of Labour, the Uruguayan National Workers' Convention, the Latin American Workers' Confederation, the Trade Unions International of Workers of the Building, Wood and Building Materials Industries, the Trade Unions International of Chemical, Oil and Allied Workers, the Trade Unions International of Workers of the Public Services and Allied Occupations, the Trades Union International of Workers in the Metal Industries, the World Federation of Teachers' Unions, the Latin American Federation of the Building, Wood and Building Materials Industries, the International Federation of Actors, the Uruguayan Medical Trade Union and the Montevideo Bus Company. Almost all these complaints are combined in Case No. 763, regarding which the Committee has submitted four interim reports to the Governing Body which appear in paragraphs 532 to 552 of its 139th Report, paragraphs 191 to 221 of its 142nd Report, paragraphs 305 to 348 of its 147th Report and paragraphs 147 to 183 of its 149th Report. These reports were approved by the Governing Body at its meetings of November 1973, February-March 1974, November 1974 and March 1975, respectively.
2. 158. In the latter of these reports, the Committee pointed out that it was confronted with a situation which raises important problems in relation to various basic principles of freedom of association and which seems to affect a large section of the trade union movement in Uruguay. The Committee also noted that new complaints were still being presented regarding the trade union situation in Uruguay and that the information supplied by the complainants and by the Government was largely contradictory. In these circumstances, the Committee recommended the Governing Body to request the Government's agreement, in accordance with the procedure for direct contacts previously adopted by the Committee in another country, for the appointment by the Director-General of a representative to examine, in Uruguay, the facts relating to the complaint and to report thereon to the Committee. This recommendation having been adopted by the Governing Body, the Uruguayan Government gave its consent in communications dated 9 and 15 May 1975.
3. 159. The Director-General appointed Mr. Philippe Cahier, Professor in the Institut universitaire de hautes études internationales in Geneva, who carried out his mission from 20 June to 1 July 1975, accompanied by an official of the International Labour Office.
4. 160. The Committee studied the report presented by the Director-General's representative and noted, in particular, that he had received all the facilities necessary for the fulfilment of his mission in Uruguay and that he had been able to have many talks, especially with the authorities and with leaders of workers' and employers' organisations, including detained leaders. Before visiting the country, the Director-General's representative had interviews with Uruguayan governmental, employers' and workers' delegates attending the 60th Session of the International Labour Conference and with leaders of the National Workers' Convention living outside Uruguay.
5. 161. The Committee has examined the various complaints in the light of the report mentioned and wishes to state that the information obtained by the Director-General's representative has been a valuable help in its work.
6. 162. Uruguay has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Background Information
  163. 163 The complaints contain a series of allegations concerning repression of the trade union movement in Uruguay since the events at the end of June 1973 and relate in particular to the dissolution of the National Workers' Convention (CNT), the restriction of trade union rights, the arrest of some trade union leaders and orders to arrest others, the closing down of other trade union organisations, the searching of trade union premises and acts of anti-trade union discrimination.
  164. 164 In order to permit a better understanding of the general background to these allegations, the Director-General's representative thought it appropriate to summarise the events, essentially political, which preceded the change of Government in Uruguay on 27 June 1973, and pointed out that the Government and many Uruguayan trade unionists and other persons attach considerable importance to the effect of political factors on the evolution of the trade union situation in recent years.
  165. 165 It is stated in the report by the Director-General's representative that, beginning in 1967, the national economic situation began to deteriorate and the political and social climate worsened with it, leading to many work stoppages in the public and private sectors. At the same time, and especially in 1969, 1970 and 1971, an insurgency movement developed, leading to the taking of hostages, hold-ups and clashes between opposition groups and the police or army. With effect from September 1971, the armed forces became responsible for the campaign against subversion.
  166. 166 In April 1972, a "state of internal war" was declared and personal freedoms were suspended for 30 days. The state of internal war was lifted in July 1972 but the suppression of personal freedoms was extended on a number of occasions. On 5 July 1972, the Legislature passed the State Security and Public Order Act (No. 14068). Amongst other things, this Act introduces a new chapter into the military penal code, defining certain offences considered prejudicial to the national interests, including membership of or assistance to "subversive associations" and their members. The forces of order were given more latitude and penalties for breaches of national security were increased.
  167. 167 The report states that the year 1972 was marked above all by the campaign against insurgence. At the same time, the part played by the armed forces in the political life of the country became increasingly prominent.
  168. 168 With specific reference to the CNT during the final stages of this process, it is stated in the report that it organised demonstrations on an increasing scale and that on 29 March 1973 it participated in a large meeting to support "national solutions" for the country's problems, and called for a stoppage of work and the occupation of factories. On 1 May, the CNT demanded wage increases, abolition of the Productivity, Prices and Incomes Board (COPRIN) (a body which was tripartite and responsible for laying down wage scales), complete freedom for the trade unions, a break with the International Monetary Fund, certain changes in foreign policy, and the immediate resignation of the President of the Republic.
  169. 169 On 15 May, the CNT called another demonstration at which workers, on leaving their factories, would meet Members of Parliament in the Legislative Palace. One objective of this action was to "intensify mobilisation in favour of the 1 May platform, emphasising the struggle for better wages, salaries and retirement pensions, as well as a programme of action demanded by the nation and vigorous rejection of the further attempts at repression". The CNT also called for the rejection in practice of any attempts the Government might make "to regulate the trade union movement".
  170. 170 In referring to the outcome of all these activities, the report states:
• The Legislature had extended the measures suspending individual freedoms at the end of March 1973. On expiry, they could not, in the absence of agreement by Parliament, be further extended. Hence, on 1 June, the President decreed the establishment of the emergency security measures. In a speech made that day, he stated that the Legislature had not approved the Bill on "dangerous persons" submitted by the Government, which, he said, was designed no longer to suspend the freedoms of all citizens, but simply to limit, subject to judicial control, the rights of those who for any reason might be considered potential threats to the security of the State. Since the time limit laid down by the Legislature for the suspension of individual freedoms had expired and in the President's opinion there was still a latent danger of sedition, he had taken action "as a last resort under the Constitution". At the same time, faced with the threat of trade union strikes as a protest against the Bill to regulate trade union activities, the Government on 15 June issued a Decree whereby state employees going on strike would forfeit three days' wages for every day of strike. The trade unions considered that the. Government's proposal for a 25 per cent wage increase was inadequate in relation to the rise in the cost of living.
  27. On 27 June 1973 the President dissolved the two legislative Chambers, and decreed that legislative authority would henceforth be exercised by a council of State, composed of 20 members, which would fulfil the legislative functions and be empowered to supervise the action taken by the Government and prepare a Constitutional reform which would "reaffirm the basic principles of representative democracy". This same Decree laid down fresh rules governing the radio, television and the press, which were forbidden to carry any information or comments that might detract from the prestige of the Government or the armed forces, or endanger public order and security, or any news about political meetings which might have such effects. Decree No. 465, issued on the same date, made prior authorisation necessary for any meeting of a political character.
  171. 171 This dissolution of the legislative Chambers led to a general strike called by the CNT and the Government decreed the dissolution of this organisation.
• Allegations relating to the Dissolution of the National Workers' Convention
  172. 172 Various complaints relate to the dissolution of the CNT by Decree of 30 June 1973 and the confiscation of its property the Decree indicates, as grounds for the measure: "The attitude of the leaders of the CNT in promoting and advocating violence, urging groups of workers to occupy places of work, public or private, showing contempt for freedom of work, hampering the normal operation of public services and the movement of essential supplies." The CNT was likewise accused of persevering in its policy despite the Government's attempts to find a way out, thereby defying lawfully constituted authority and trying to prevent it from discharging its responsibilities. The Decree added that these actions had not been prompted by concern for trade union interests and that "political aims have notoriously been pursued, since the trade union leaders concerned had been using trade union organisations as a means of obtaining ends quite other than those for which such organisations exist". Pursuant to this Decree, an association may be declared illegal under the Constitution and the Act of 1940 on illegal associations if it uses violence to achieve its ends. In addition, the Decree asserts that governments are under an obligation, "when serious unforeseen disturbances break out", to maintain law and order and ensure that public services function smoothly, that essential supplies are maintained, that freedom of work is safeguarded and that the national economy does not suffer.
  173. 173 The Director-General's representative explains that during his visit the Uruguayan authorities repeatedly reverted to these arguments.
• The Minister of the Interior, for instance, said that the CNT had been wound up for having engaged in political rather than trade union activities. The Minister pointed out that almost all the officers of that organisation had been members of the central Committee of the Communist Party. The CNT and its affiliated organisations had launched the strike which took place at the end of June 1973 after a decision to that effect had been reached by the CNT Executive Committee, without consulting the workers in some factories, preparations had been made for violent resistance, e.g. with Molotov cocktails and spikes to puncture tyres. The Minister of Labour and Social Security also mentioned political activities of the trade union leaders in question and emphasised that just before the dissolution, the then Minister of Labour and the Minister of the Interior had striven to negotiate with the CNT, which at the last moment had adopted an intransigent position. Both Ministers said that in many industries the strike was called off as a result of free votes among the workers. This was supported by statements made by the representatives of the Chamber of Commerce and the officers of the CGTU (Uruguayan Workers' Confederation) member unions, according to which in a number of undertakings, after several days of strike, meetings had been convened at which workers in fairly substantial numbers had decided by secret ballot to go back to work. A study of the press for that period revealed that "plebiscites" had indeed been held and that many undertakings had invited their employees to attend meetings at which votes would be taken. Other trade unionists, however, played down the importance of such votes and said that few workers had in fact turned up. These votes, they said, had taken place in a tense atmosphere with places of work being occupied by the armed forces. In fact - they added - people had gone back to work after the issue of Decree No. 518 (4 July 1973), which declared the strikes illegal and gave authority to dismiss the strikers. Furthermore, on 12 July 1973, the CNT officers, then in hiding, had decided to put an end to the general strike.
• The Uruguayan authorities provided me with various documents to show that the CNT had indeed been engaged in politics one of them is the 14-point programme published by the CNT just before the demonstration held on 29 March 1973. The first point demands the immediate resignation of the President of the Republic. The programme also calls for the adjustment of wages and pensions to compensate for the drop in purchasing power; better social security, housing, health and educational facilities; full respect for democratic and trade union freedoms; the rejection of the "state of danger" Bill; a break with the international Monetary Fund and a moratorium on foreign debts; the safeguarding of the autonomous state agencies and decentralised services, with workers' representation in management; economic independence and national sovereignty and nationalisation of banking, foreign trade and the meat packing industry. A statement issued by the CNT Executive Committee on 1 June 1973 emphasises that by taking "emergency security measures" the President of the Republic - called "a representative of the oligarchy" - was merely following in the footsteps of his predecessor, who "had launched a campaign of ferocious repression against the people's trade union movement, imprisoning, dragooning, dismissing and murdering workers and students". This same statement alleges that certain undertakings had derived profits from the rise in export prices, protests against the fall in the standard of living of the masses and the torturing of several workers, and reiterates the programme previously announced, calling also for "the unconditional rejection of all attempts at trade union regulation".
• Concerning more particularly the talks between the minister of the Interior and the officers of the CNT, on 28 June 1973, the latter published the text of a communication submitted on that occasion to the Minister. At the end of this communication, the CNT said that in its view the situation called for immediate action along the following lines: reaffirmation of full respect for trade union and political activities, and freedom of expression; restoration of all Constitutional rights and guarantees; immediate action to get the economy back on its feet, in particular by nationalising the banks, foreign trade and the meat packing industry; the raising of the purchasing power of wages and pensions, and controls on prices; "eradication of the fascist groups operating with impunity in the educational system" and a joint effort by teachers, parents and pupils to get the classes going again.
  174. 174 Certain representatives of the independent unions and of the CGTU member unions told the Director-General's representative that in their view some trade union leaders had engaged excessively in politics and gone beyond the defence of the workers' economic and social claims. The fact that the general strike had, at first, been very widely supported could be explained by the pressures brought to bear on the workers by the leaders in advance.
  175. 175 Those trade union leaders who had participated in a decision to call a general strike stated that its aim had been to defend the Constitution and that the decision had been justified by earlier resolutions of the CNT Congress. They underlined the importance which the trade union movement attached to Parliament, and that the CNT stood for no particular political movement, but for the working class as a whole, whose interests it had always defended. As regards the occupation of factories, it was stated by these trade union sources (as well as in certain specialised publications) that this form of trade union action was not specifically forbidden by any provision of the law and that recourse had been had to it before.
  176. 176 It should be mentioned that Act No. 9936 of 1940 in respect of illegal associations, invoked in the Decree dissolving the CNT, empowers the Government to dissolve illegal associations by decree and that the leaders or members of such organisations which participate in illegal activities shall be prosecuted in accordance with penal law. An appeal can be made to the Council of Ministers against a decision to dissolve an association. In addition, it is possible as a general rule to appeal to an administrative disputes tribunal in respect of an action of an administrative nature. However, the Director-General's representative was informed by some of the lawyers interviewed that this Act had never been applied previously. The CNT (and subsequently other trade union organisations) was dissolved as an emergency security measure, and there is old case law to the effect that the courts are incompetent to rule on the steps taken by the administration as part of such measures.
  177. 177 The information available shows that the profound political crisis which existed in Uruguay reached its peak with the dissolution of Parliament by the President of the Republic on 27 June 1973. Faced by this measure, the CNT leaders, whose opposition to the President was clear, launched a general strike in accordance with resolutions adopted previously by the Congress of that organisation in preparation for such situations, in order to "defend the Constitution". Consequently, it was a strike, launched within a political context, which decided the Government to dissolve the CNT. It is not the Committee's responsibility to express an opinion on the motives or justifications for a strike of this nature. However, it must point out, as it has done on previous occasions, that in its opinion strikes of an essentially political nature do not fall within the scope of the principles on freedom of association.
  178. 178 On the other hand, the Government's decision to dissolve the CNT by decree raises a question regarding the principles and standards applicable to freedom of association. Any measure for the dissolution of a trade union organisation should be the result of illegal actions specifically mentioned in the legislation as grounds for dissolution. The establishment of this fact is normally the responsibility of the courts. Although Uruguayan law empowers the Government to take such a measure, it has apparently never been taken before. The dissolution proclaimed by the Government in the exercise of legislative functions, like a dissolution by administrative action, does not guarantee the right of defence, which can be assured only by normal court procedure, a procedure which the Committee has always considered as being of prime importance. It is for this reason also that Article 4 of Convention No. 87 provides that workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority.
  179. 179 The Committee considers that, in dissolving the CNT by decree, the Uruguayan Government has not respected this provision and consequently recommends the Governing Body to call the attention of the Government to this fact and to reiterate the importance which it attaches to the application of the provisions of Article 4 of Convention No. 87, which has been ratified by Uruguay.
• Allegations relating to Restrictions on Trade Union Rights
  180. 180 Several complaints referred to various restrictions on trade union rights since the events of June 1973, thus making it necessary to examine the relevant general situation.
  181. 181 A Decree, No. 622 regulating trade union activities, was issued on 1 August 1973. This text, which was already examined by the Committee in a previous case and regarding which it made various observations, provides that for a union to be formed it must be enrolled on the National Register of Trade unions maintained by the Ministry of Labour and Social Security. The registration automatically confers legal personality. Registration may be refused if the union's by-laws contain provisions which are contrary to law, morals, decency, public order or the principles of republican democracy. Trade unions may not participate in political matters.
  182. 182 The unions may form federations or Confederations subject to the provisions of the Decree. Nevertheless, an order issued by the Ministry of the Interior on 10 September 1973, whose preamble indicates that it applies to unions which were affiliated to the CNT, forbids inter-union meetings pending registration of the unions and election of their officers in accordance with the Decree.
  183. 183 The Decree itself refers to trade union meetings and provides that unions may hold meetings outside working hours, provided that not more than five hours a day are devoted to this purpose. However, it must be pointed out that Decree No. 465 of 27 June 1973 lays down that authorisation must be obtained before any political meeting can be held, and this regulation appears to have been extended shortly afterwards to union meetings. According to the Government, this is a general rule applicable to all meetings in the country.
  184. 184 Undertakings are required by this Decree to withhold a worker's union dues from his wages, provided that the worker asks for this in writing, at a rate prescribed in accordance with the bylaws of the union concerned. The money so collected must then be paid to the union by the employer.
  185. 185 The Decree recognises the right of unions to enter into collective agreements and also contains detailed provisions on the right to strike. To be legal, a strike may be declared only after the union has observed a certain procedure which includes the submission of a petition to the Ministry of Labour and attempts at conciliation. An absolute majority of the workers concerned must have expressed themselves in favour of a strike by secret ballot and this ballot must be repeated every time the Ministry makes specific proposals. When a strike is legal, nobody may be dismissed for having taken part in it. Two types of sanction are provided for illegal strikes; dismissal or, in certain situations, imprisonment. A trade union officer who fails to respect these provisions by encouraging the paralysis or disturbance of a job or service or a go-slow is guilty of the offence dealt with in the Penal Code. In addition, imprisonment is the penalty for interference with freedom to work committed by recourse to violence, threats or intimidation of any kind and for trade union leaders who, on the occasion of a collective dispute, themselves usurp or urge others to usurp property, goods or chattels belonging to private or public persons or entities. Nevertheless, until such time as the Council of State has approved the articles defining the latter penal offences, these offences are to be repressed by recourse to the emergency security measures. Strikes are forbidden in essential public services, i.e. those guaranteeing public security, peace and order and the lives of the population and in all those designated by the Government.
  186. 186 The Director-General's representative states that although Decree No. 622 and the regulations issued thereunder are still in force, they have been given only partial application. This is recognised by the Government itself. What seem to be applied are the regulations governing the right to strike, together with the ban on political activities by the unions.
  187. 187 The legislation has not been applied because the unions have been unable to obtain registration, although many of them have complied with the requirements. "Several trade union leaders felt that one reason why this Decree was not applied was that the workers had rallied round their old unions, whereas the Government had been expecting a change. From the Government's point of view, it appears that the Decree was not considered to be entirely adequate, that it needed amendments - which the Government intends to introduce - and that, in addition, the political context and economic conditions were such that its application would not have been timely. It seems as though, in the Government's view, the period which followed the events of June-July 1973 marked a transitional stage."
  188. 188 Not being entered on the Register, the unions exist de facto but not de jure and this obviously has its effects on their activities. The report by the Director-General's representative contains a detailed description of these various problems, which are summarised below.
  189. 189 Although the CGTU and some of its affiliated unions have been able to elect their leaders, the unions usually cannot carry out elections. "The former leaders continue in office, but there are no rules defining exactly how far they are entitled to represent the members. Although certain unions, especially in private enterprise, are experiencing few problems in their relations with the employers or the authorities, the officers of many other unions are received only in a personal capacity, or are not received at all in one instance, the authorities in a public agency have expressly forbidden any further contact with an organisation of public servants."
  190. 190 The unions have been faced with problems in connection with the collection of trade union dues, due to the lack of legal recognition. In most cases, the enterprises or administrations have discontinued the automatic check-off system. According to the Minister of Labour, this system was discontinued because part of the money thus collected had been used for ether than trade union purposes and there was no official check on the way such funds were used. In practice, it appears that dues cannot be collected at some places of work, but are paid in the union offices.
  191. 191 Authorisation must be obtained before trade union meetings can take place, but according to the Ministry of the Interior this is refused only if there are grounds for believing that political matters will be discussed. In practice, meetings of the executive Committees take place, without authorisation, in the trade union offices. The position with regard to these meetings does not seem to be very clear as regards the need for prior authorisation. In the case of meetings, the situation varies from one union to another. Whilst the CGTU and its member unions do not appear to have problems, unions which were affiliated to the CNT have often had requests refused. The Government justifies its refusals on the grounds that these organisations engage in politics and go beyond their terms of reference as trade union organisations. It has already been mentioned that inter-union meetings of these organisations are prohibited until they have been legally registered.
  192. 192 The position as regards trade union publications is not clear. The Government affirms that the unions are free to publish and distribute bulletins or pamphlets, provided that such literature is strictly non-political and does not infringe the legislation or the security of the State. If it does so, it is impounded and proceedings may be taken against the editors and the distributors. Such action is applied to the press as a whole. Some unions have ceased issuing publications for reasons of economy or because they feel that they should not be expected to act as their own censors. The Director-General's representative says that the case of the Uruguayan Bank Employees' Association is unique. "On 6 August 1974, it was notified that it would not be allowed to publish pamphlets, periodicals or bulletins relating to political or trade union matters'. The Government has explained this by saying that the literature published by this union has repeatedly infringed the rules concerning state security. Having examined some of the bulletins published by this organisation in June and July 1974, I noticed that they dealt with such matters as inflation in relation to inadequate wage increases, children's nurseries, hours of work and so on. One publication dated July 1974 examined in some detail the financial and economic position of Uruguay between 1968 and 1973, and its authors concluded that during this period government policy had led to a fall in the standard of living, a rise in unemployment and an increase in emigration.
• It appears that the other unions continue to publish their bulletins freely. It does, however, sometimes happen that they meet with difficulties at the time of distribution. Copies are occasionally seized and some distributors arrested."
  193. 193 As regards collective bargaining, it should be borne in mind that, since 1968, the fixing of wages in the private sector has been the responsibility of the Productivity, Prices and Incomes Board (COPRIN). However, collective bargaining has still gone on in connection with other aspects of conditions of employment, and most of the agreements drawn up appear still to be applied in April 1974, trade union and employers' representation ceased in the COPRIN because the authorities considered that the unions neither legally nor effectively represented the interests of the workers. Since June 1973, it seems that there has been no bargaining in the proper sense of the term, but rather informal arrangements whenever relations between the union and the employer permit.
  194. 194 Regarding collective conflicts, the Ministry of Labour emphasised the importance of the conciliation procedure provided for in Decree No. 622, which has made it possible to settle 95 per cent of all collective disputes without a strike. It would seem that strikes were allowed in certain instances and some CGTU representatives said that there had been a bus strike in April 1975, which had taken place without either arrests or dismissals. The Director-General's representative states that he had been unable to find any reference, in the documents handed to him by the authorities, to recent strikes. The officers of many unions consider strike action inconceivable since it would lead to reprisals against the workers concerned.
  195. 195 The foregoing description of the legislation and of the facts reveals not only the existence of restrictive standards and practices affecting union meetings, the collection of dues, freedom of expression and the recognition of their leaders by the authorities and employers, but also, more generally, the irregular position in which these organisations find themselves due to the fact that they cannot acquire legal existence and are thus hampered in their internal management and their specific activities in the defence of workers' interests.
  196. 196 The Committee considers it urgent for the Government to take all necessary measures to eliminate the restrictive provisions and practices in respect of trade unions and recommends the Governing Body to point out to the Government the importance of rapidly adopting and applying trade union legislation which is in conformity with the standards established by Convention No. 87, taking into account in particular the comments made by the Committee itself and by the Committee of Experts on the Application of Conventions and Recommendations with regard to Decree No. 622, establishing regulations for trade union activities.
• Allegations relating to the Arrest and Orders for Arrest of Trade Union Leaders and Militants
  197. 197 Many complaints contain allegations relating to the arrest of trade unionists or to orders for arrest issued against trade unionists, the latter including in particular the CNT leaders Enrique Pastorino, José d'Elia and Vladimir Turiansky. The attitude of the Government has always been that no worker has been detained as a trade union leader nor for trade union activities, but that arrests carried out have been made for political reasons or because of activities considered as subversive.
  198. 198 The report by the Director-General's representative states that the Government does not deny that quite a few trade union members and leaders were arrested after the events of 1973. From 1974 onwards, fewer people appear to have been arrested, and for shorter periods. "As a matter of fact, during my stay, the officers of most of the unions with whom I had contacts told me that none of their officers or militants were then in jail for trade union activities." Moreover, most of the leaders whose arrest had been reported to the Committee on Freedom of Association were free and some had left the country.
  199. 199 The arrests were carried out either under the emergency security measures', or on account of presumed offences defined by the 1943 Code of Military Justice or the 1972 State Security Act.
  200. 200 As regards arrests under the emergency security measures, i.e. without prior decision by the courts or adherence to the normal judicial procedure, the Director-General's representative was informed that the Government reported to the Council of State within 24 hours on the action taken. "In no instance, it seemed, had the Council of State objected to any such action on the other hand, I was told that the Council of State sometimes intervened, should a relative of anybody arrested so request, to find out why the arrest was made and where the prisoner was being held. In such instances, information is requested from the Ministry of the Interior or the Ministry of National Defence. Should the answer be that the arrest was undertaken within the scope of the emergency security measures, no further action is taken. Should the reasons for detention be a presumed offence and the person concerned has not been brought before a court within the statutory ten days, the Council of State asks the responsible authority to see that this is done."
  201. 201 In the course of his interviews with trade union leaders, the Director-General's representative heard accounts of various specific cases of detention under the emergency security measures. According to the witnesses, these detentions were due to activities such as inter-trade union co-ordination, the collection of union dues, the holding of meetings on trade union premises, making claims in undertakings or putting claims to the authorities (whether or not there had been supporting strikes), making preparations for 1 May or distributing propaganda material (in some cases, the literature distributed had consisted of clandestine publications by the CNT and political parties which had been dissolved). The time spent in custody varies generally from a few hours to several days. The information supplied by the Government confirmed specific cases of arrest for this type of activity.
  202. 202 Concerning arrests for presumed offences under the Code of Military Justice or the State Security Act, the Director-General's representative provided the following information regarding the procedure followed by the military courts and the penal provisions cited in the case of certain trade unionists:
• This procedure consists of several stages. The person arrested is first of all brought before an officer, who questions him and takes measures to preserve the evidence. The file then goes to the "juez sumariante" - an officer responsible at this stage for the inquiry. The person in question must, within ten days of his arrest, be brought before the examining magistrate, and it is at this point that counsel for the defence is allowed to intervene. Should the examining magistrate decide to bring a normal charge, the defendant is brought before a judge of first instance. He can appeal against a sentence to the Supreme Military Tribunal, and indeed an appeal is automatically made if the sentence exceeds three years' imprisonment. He can likewise appeal for revocation of the sentence to the Supreme Court, whose membership in such cases includes two military magistrates. The defendant may also appeal to the Supreme Court against the formal charges made by the examining magistrate. The military tribunal, or the Supreme Court, can allow him out on bail. The Supreme Court may also grant a free pardon.
• In my talks, I heard criticisms of the excessive length of these procedures. The military prosecutors I saw, who are lawyers, told me that it was not usual to make an arrest without trial, except when arrest was decided on as an emergency security measure, in which case the matter was outside the judicial process; and that the law took its course much as in ordinary criminal proceedings. Any delay, they said, was due to the fact that there were only six military examining magistrates as against a large number of accused. In some instances, too, investigations required a good deal of time. It appears, however, that the initial inquiries are somewhat time-consuming. Moreover, a person arrested as a security measure may later be brought before a military court, in which case he is liable to be kept even longer in custody.
• The legal provisions under which certain trade union leaders or militants seem to have been accused, are clauses of the 1943 Code of Military Justice or the 1972 State Security Act. For instance, section 58 of the 1943 Code provides for the imprisonment of those convicted of "sapping the morale" of the armed forces, i.e. publicly insulting Constitutional institutions and slandering the armed forces. Even a criticism may be considered an offence if it attacks an institution of the State rather than seeking to make good its shortcomings. In this connection, I was told of a trade union officer, responsible for his union's bulletin, who was held for more than a month because the bulletin had mentioned the fact that another union officer had been arrested and later released. He was, however, released by a military court. People are sometimes accused under the State Security Act, which forbids any association designed to change the form of government by means other than those allowed by Uruguayan public law (subversive associations) (section 60, V of the Act) and prohibits the giving of assistance to such associations or their members (section 60, VI and VII). The offence of attacking the Constitution is defined in similar language, but does not involve association (section 60, I).
  203. 203 It should be added that, in general, and with the exception of certain specific cases, the great majority of the union officers or militants brought before military courts have been released by the examining magistrate. Moreover, it seems that none of the persons mentioned in the complaints or during the representative's stay in Uruguay has been finally sentenced.
  204. 204 The Director-General's representative requested and obtained information from the Government regarding the situation under the law of the trade unionists mentioned by the complainant organisations or by certain trade union leaders in Uruguay. According to this information, the persons for whom warrants have been issued, who are effectively under arrest or against whom court action is at present under way are those listed in paragraphs 205 to 208 hereafter.
  205. 205 José d'Elia, Enrique Pastorino and Vladimir Turiansky are still subject to arrest warrants by virtue of the decree dissolving the CNT, which stipulated that the officers or members of that body "who might be guilty of offences under the law" should be brought before the competent judicial authorities. The Government stated that the same had applied to the dozens of other CNT officers arrested after the dissolution of the CNT. However, the main purpose had been to make inquiries and all of them, having been detained for a period of time required to complete the investigation, had been released. Warrants are also out for Mario Acosta Baladón, ex-leader of the Single National Union of Workers in the Building and Allied Trades (SUMCA - now dissolved), as he is suspected of having relations with subversive organisations; León Duarte, of the autonomous union of the enterprise FUNSA, for being a member of a subversive organisation; Gheza Stari and Roque Faraone, of the Secondary School Teachers' Federation, since the dissolution of that organisation; Pedro Toledo, leader of the Railway Workers' Union (who, according to more recent allegations, has been detained) was being sought by the police in order to obtain some further information in connection with investigations concerning the activities of a dissolved political party.
  206. 206 The following are under arrest: Francisco Pucci, leader of the Uruguayan Dental Association; Victor Félix Semproni Robaina, militant of the Uruguayan Bank Workers' Association, for participation in subversive activities; Humberto de los Santos, of the Port Workers' Union, for being the leader of a subversive organisation.
  207. 207 The following persons are at present awaiting trial by a military court: Victor Cayota, Luis Güidotti and Omar Genovese, officers of the Secondary School Teachers' Federation; the first two were interviewed by the Director-General's representative and all are accused of assisting subversive associations or their members, by being associated with the solidarity fund created by that Federation; Beltran Camilo, of the meat packing industry in the Department of Canelones, for clandestine activities in favour of a political group declared to be illegal and for following instructions issued by the CNT; Ricardo Vilaro and Enrique Rubio, leaders of the aforementioned Teachers' Federation, and Héctor Rodriguez, former leader of the textile sector, the first and third being accused of subversive association, and the second of conspiracy against the Constitution; Carlos Dionisio Coitiño Sebey, Freddy Delgado Larrosa and Carlos Fassano martens, bank employee trade unionists, accused of being leader of a subversive group, of distributing subversive material, and of conspiracy against the Constitution, respectively; Ciriaco Florentino Alzueta Mederos, a militant of the AMDET Workers' Union, accused of distributing propaganda material for an illegal party.
  208. 208 Subsequent to the request to the Government for information, the Director-General's representative was informed by trade union sources that warrants had been issued against Carlos Torres, Raúl Betarte, Enrique Caballero, Nelson Pellejero and Jacinto Galloso, leaders of building workers' unions; and that Luis Eduardo Franco and José Matos of the Federation of State Water Service officials had been under arrest since May and June 1974, respectively.
  209. 209 The Director-General's representative also inquired into allegations regarding the ill-treatment of detainees during interrogation.
• Many trade unionists I talked to, who claim to have been arrested once or more since June 1973, said that they had not, themselves, been subjected to physical ill-treatment. Others said that a number of trade unionists had been beaten or forced to wear a hood or remain standing or sitting down for many hours at a time; or subjected to immersion of the head, or had been forced to go round the town defacing wall slogans. In one instance, a trade union officer told me that he had been severely beaten and had suffered other forms of torture. The two leaders of the Secondary School Teachers' Federation with whom I talked in their place of detention, in the presence of the authorities, told me that they had been treated correctly, except in the case of one of them, during the first night spent under arrest. As a rule, such information as I obtained seems to show that there has recently been an improvement in the treatment of persons under arrest.
• While denying the existence of ill-treatment, the Uruguayan authorities told me that they had, on certain occasions, received complaints in this connection. The Minister of the Interior said that on one occasion he had himself gone to see the detainee, who had assured him that the complaint was baseless. It should be pointed out that Uruguayan law forbids and punishes such abuses. In my talks with the military prosecutors, I was told that if a person brought before a military court declared he had suffered ill-treatment, the prosecuting council asked the judge to have an inquiry made or to appoint a medical board of investigation. I was told, moreover, that on occasion, somebody actually caught in the act would confess his guilt and later repudiate his confession by alleging that it had been obtained by torture. In such instances, according to the prosecutors, the judge automatically investigates the truth of the allegation.
  210. 210 In the light of this information, the Committee considers that the following conclusions can be reached:
       • - the authorities arrested a large number of trade unionists, who were later released, for activities of a trade union nature which were prohibited or subject to controls in Uruguay;
       • - these arrests, which were frequent in 1973, decreased in 1974 and 1975, and at the time of the Director-General's visit, no leader or militant of most of the organisations visited was under arrest for trade union activities;
       • - arrest warrants have been outstanding for CNT leaders Enrique Pastorino and José d'Elia since the dissolution of that organisation in June 1973; the other leaders of that organisations, who were arrested, were released after questioning. More recently, arrest warrants have been issued for other trade unionists, or they have been arrested, in some cases on the grounds that they had been connected with subversive organisations or dissolved political parties and in others no information from the Government was available;
       • - various trade unionists are awaiting trial before military courts for belonging to or being associated with subversive organisations or having taken part in illegal political activities. The procedure followed, which is similar to normal penal procedure, appears to be characterised by the slowness of the investigation stages and no judgments have been pronounced as yet in the cases against the trade unionists mentioned either in the complaints or during the representative's visit;
       • - according to the information obtained, including some from the persons concerned, some prisoners have been ill-treated; the authorities deny that such cases have occurred, although they admit having received complaints in this connection. Nevertheless, many of the trade unionists visited and who had been detained state that they were not ill-treated. Generally speaking, it would seem that the treatment of prisoners has improved recently.
  211. 211 Regarding the first two points set out in the preceding paragraph, the Committee considers that although the arrests of trade unionists in connection with their trade union activities have decreased, this is a more general problem closely related to the legislation and restrictive practices in this field, referred to earlier in this report. Consequently, solution of this problem calls for the removal of such restrictions, and in this connection the Committee refers to the points raised in paragraphs 195 and 196. Moreover, the Committee draws attention to the threat to trade union rights constituted by the imprisonment of trade unionists against whom no charges are ultimately brought, so that the Government should take steps to ensure that the authorities concerned receive instructions which will obviate the danger of unjustified arrests.
  212. 212 Regarding the other points raised in paragraph 210, the Committee recommends the Governing Body:
       • (a) to note the release of the arrested trade unionists, mentioned in paragraph 198;
       • (b) in view of the time which has elapsed since the events which led to the orders for the arrest of Enrique Pastorino and José d'Elia, and in view of the fact that the other CNT leaders who were arrested in application of the same provision have all been released, to request the Government to be good enough to examine the possibility of annulling this measure, and thus helping to solve the existing problems with respect to freedom of association;
       • (c) as regards Mr. Vladimir Turiansky, to request the Government to be good enough to supply information concerning his situation as regards the law and the measures taken in this connection.
       • (d) regarding the trade unionists still under arrest or awaiting action before military courts
       • (i) to reaffirm the principle that in all cases in which trade unionists are accused of offences of a political nature or offences under common law which the Government considers to be completely unrelated to their trade union functions or activities, the persons concerned should be judged as rapidly as possible by an impartial and independent court;
       • (ii) to request the Government to notify it of the decision taken and to transmit the texts of the sentences handed down in respect of the trade unionists mentioned in paragraph 207, with the grounds adduced therefor;
       • (iii) to request the Government to provide information on the present position of the trade unionists mentioned in paragraph 208;
       • (e) in respect of the allegations regarding ill-treatment, even if cases of ill-treatment might have been exceptional, to point out to the Government the importance of taking all measures which may be necessary, including specific instructions and effective sanctions, to ensure that no detainee is subjected to ill-treatment.
  213. Allegations regarding the Dissolution of Other Trade Union Organisations
  213. 213 Some of the complaints relate to the dissolution by governmental decision of the Single National Union of Workers in the Building and Allied Trades (SUNCA) and the Federation of Secondary School Teachers. Both organisations were dissolved in application of the Act of 1940 on illegal associations and as part of the emergency security measures.
  214. 214 The Decree dissolving the SUNCA was enacted on 11 October 1974 and at the same time ordered that its offices be closed down, its assets impounded and its legal personality withdrawn. The reason invoked was a strike considered to be illegal under Decree No. 622, in that the procedure established in that Decree for the settlement of collective disputes was not respected. The Decree also states that SUNCA was not representative of the majority of the workers in the industry concerned and the strike was a manifestation of the activities of "Marxist political associations dissolved by Decree No. 1026 dated 28 November 1973".
  215. 215 Members of this union and of the CNT, to which it had been affiliated, said that the strike had been called because of a delay in paying the workers the holiday allowance for 1973. The officers of SUNCA had approached the Minister of Labour and other competent authorities with suggestions for a settlement of the problem, but after six weeks or so of fruitless waiting they had decided to resort to direct action. According to the authorities, on the other hand, the leaders knew that holiday pay, as in the previous year, would be paid in October 1974. The real reason for the stoppage was that the union had been against any amendment by the Government of the Social Security Contributions (Building Trades) Unification Act. The contributions in question, collected for social security purposes, and the modification adopted by the Government were designed, according to the explanations given, to reduce building costs and encourage sound management of the funds collected. The building workers themselves were not affected, but workers employed by the suppliers of building materials were to be protected separately.
  216. 216 The Secondary School Teachers' Federation and its member unions were dissolved by an order issued by the Government on 15 April 1975 in which it was stated that these organisations did not possess legal personality, were not officially recognised under Decree No. 622, and did not represent a majority of the teachers concerned. The Order also indicates that when the premises of the Federation were searched on 21 March 1975, the police had come across a meeting of its officers and officers of the Uruguayan Elementary School Teachers' Federation, who had been members of the policy-making bodies of certain political parties which had been dissolved. The literature published clandestinely by the Communist Party and the CNT had also been found. Certain documents found constituted proof that teachers suspended or dismissed for sedition had been given financial aid. All this showed, according to the order, that the meeting in question was a political one, called to give approval to illegal forms of trade union action. The Order also states that the organisations concerned were fake trade unions, devoid of occupational purpose in any real sense and promoting political views of an anti-national kind.
  217. 217 The authorities told the Director-General's representative, during his visit, that it was in the educational sector that sedition had been most widespread.
  218. 218 Referring more specifically to some of the actions of which the Federation and its member unions were accused, the Director-General's representative states:
• A study of the documents seized by the police during the search or found in the homes of the persons arrested shows that they include a copy of a Communist Party journal, published clandestinely, and a CNT document which, while making certain trade union claims, echoed some of the themes mentioned above in paragraph 173 and called for the organisation of various kinds of demonstration in 1975, in particular on 1 May. This same document mentioned certain contacts of the CNT with political groups with a view to reaching areas of agreement for a struggle against the Government. Drawing up a balance sheet of the political situation, the documents said that capitalism was experiencing an economic crisis, and had been enfeebled by the national liberation movements and the victories secured by the French and Italian working classes. Another document referred to procedural irregularities in the dismissal of teachers. Another document came from foreign organisations, like Amnesty International, the World Federation of Teachers' Unions, etc.
• One complaint made by the Government and mentioned in the Order concerns the solidarity fund created in 1972 by the National Secondary School Teachers' Federation. According to statements by leaders of the Federation, the fund was designed to help teachers who for any reason found themselves without their salaries. The fund; financed by contributions from members of the Federation, and by gifts, had always been a very small one, and the aid had been on a very limited scale It had been given primarily to teachers suspended or dismissed because of trade union activities and had been related to their financial and family circumstances. However, in some instances, the aid had been given to persons prosecuted before the military courts, accused of subversion. The representatives of the Federation emphasised that, by and large, the help was given for humanitarian reasons, and by no means implied approval for individuals' political ideas.
• The Government maintains that the managers of the fund must have been aware of the reasons for suspension or dismissal, since these were indicated in the Official Gazette. In addition, I was given a list of 11 persons on trial by the military courts for subversion, who had been aided by the fund.
  219. 219 The Committee notes that two of the reasons given for the dissolution of these two trade union organisations were related to certain activities considered by the Government to be illegal activities of a political nature. As pointed out previously in connection with the dissolution of the CNT, the Committee considers that it is normally up to the courts to decide whether certain facts of which a union is accused justify its dissolution in accordance with the law. In the present case, dissolution of the organisations mentioned was undertaken as emergency security measures, which did not permit the safeguarding of defence rights. These rights, as already pointed out by the Committee, can be safeguarded only by normal judicial procedure in addition, and more generally, the Committee considers that in view of the serious consequences for the occupational representation of workers of the dissolution of their union, it would appear preferable, in the interest of labour relations, that such action should be taken only in the last resort, after exhausting other possibilities with less serious effects for the organisation as a whole.
  220. 220 The Committee recommends the Governing Body to draw the attention of the Government to the fact that the dissolution of the two organisations mentioned by governmental Order was not in conformity with Article 4 of Convention No. 87.
• Allegations relating to the Searching of Trade Union Premises
  221. 221 Several complaints contain allegations regarding the searching of the premises of various trade union organisations, and in this connection the Director-General's representative states that it is certain, and is recognised by the Government, that during the period June-July 1973 and especially after the general strike, many trade union offices were searched and various materials were impounded such as card indexes, publications, books, typewriters and office equipment. Receipts which he inspected showed that this equipment, or part of it, was returned to the unions concerned a few months later, at least in certain instances (e.g. to the waiters' and confectionery workers' unions, the AMDET Employees' Association, the National Telecommunication Workers' Federation and the ANCAP Employees' Association). However, several leaders of other unions complained that none of the material impounded had been returned, or only some of it.
  222. 222 The Government justifies these searches by referring to the political situation in the country at that time, and asserts that the unions concerned were closely linked with political movements. All the premises searched belonged to unions affiliated to the CNT, whereas the officers of the CGTU member unions said that their premises had not been searched. The Director-General's representative explains that:
• The Government also invokes the political argument to explain the searches made in 1974 and 1975. Although less numerous than those in 1973, it would seem that they still have been relatively frequent. Thus, the Government justifies the search made of the premises of the Woolworkers' Federation on S March 1974, on the grounds that a meeting, for which permission had been specifically refused, was being held there. The premises of the Single Maritime Workers' Union were searched on 28 March 1974, the justification being that the persons assembled there were carrying copies of a leaflet issued by a political party which had been dissolved. On 6 and 22 March 1974, the offices of the Textile Workers' Congress and of the National Union of Metal and Allied Workers were searched on the grounds that propaganda posters issued by the former CNT had been affixed to the front of their buildings. The officers of the Metal Workers' Union showed me the poster in question, which had as its theme the emigration of Uruguayan workers. Some trade unionists feel that these searches are designed to intimidate and create a climate of uncertainty, so as to make individual trade unionists reluctant to come to union premises.
  223. 223 These searches are sometimes followed by the temporary closing down of the premises concerned. However, the branch office of the State Electricity and Telecommunication Workers' Union (AUTE), in the Province of Salto, has remained shut since 1 December 1973 without any reason being given to the trade union. The offices of the Transport Workers' Federation were closed from 6 June 1975, on the grounds that printed material issued by the former CNT had been discovered in the course of a search.
  224. 224 The Committee notes that although searches of trade union premises have decreased since the strikes of 1973, they are still relatively frequent and are connected, in many cases, with an offence of a political nature. These searches are carried out by the police, who, under the emergency security measures, at present do not need a search warrant.
  225. 225 The Committee wishes to draw attention to the danger of excesses which may result from the lack of judicial control, whether before or after search action. Although specific searches may be justified by the availability of evidence that proof exists for an offence under the legislation, in other cases abuses can occur when the police authorities resort to such measures by their own decision in connection with actions which do not constitute offences, when they do not return trade union property or keep trade union offices closed. The general principle applied by the Committee as regards the searching of trade union premises is that trade unions, like other associations or persons, cannot claim immunity from searches of their premises; nevertheless, the Committee has also pointed out the importance which it attaches to the principle that such a search should only be made following the issue of a warrant by the ordinary judicial authority, after that authority has been satisfied that reasonable grounds exist for supposing that evidence exists on the said premises, material to a prosecution for an offence under the ordinary law, and provided that such search is restricted to the purposes in respect of which the warrant was issued.
  226. 226 The Committee recommends the Governing Body to draw the attention of the Government to the considerations and principle set out in the preceding paragraph, so that it can take appropriate measures to prevent possible abusive searches of trade union premises and to bring about the return of impounded trade union property and the reopening of closed offices.
• Allegations regarding Acts of Anti-Trade Union Discrimination
  227. 227 Some complaints refer to the dismissal of trade unionists on account of their trade union activities, and the information supplied to the Director-General's representative by trade union organisations during his visit indicates that, chiefly for reasons having to do with the 1973 strike, but also subsequently for other motives, many militants and trade union officers lost their jobs in private enterprise, while others in the public sector were suspended or dismissed.
  228. 228 As regards the private sector and the dismissals following the 1973 strike, it should be mentioned that Decree No. 518 of 4 July 1973, which was applied only to that action, provides that strikes, stoppages and all other such irregularities constituted a "serious offence", justifying dismissal without compensation. Many cases of dismissal were reported to the Director-General's representative, especially in the textile, metallurgical, transport, commerce and journalism sectors. Regarding Mr. Antonio Tamayo, President of the Montevideo Bus Company Workers' Organisation whose dismissal was specifically referred to in a complaint, the authorities stated that he had been engaged in politics. Fines were imposed in the banking and other sectors. The executive of the employers associations stated that the provisions of Decree No. 518 had been applied very rarely and that compensation had usually been paid to workers dismissed, although such payment was not compulsory.
  229. 229 Regarding dismissals in the private sector for reasons not related to the 1973 strike, the Director-General's representative was told by the Beverage Workers' Union that dozens of such dismissals had taken place for trade union reasons, without explanations being given; the Mill Workers' and Employees' Federation stated that eight militants and trade union leaders had been dismissed on 31 March 1975, but did not say for what reasons. The Textile Workers' Congress reported that one arrested worker had been dismissed on the grounds that he had failed to turn up for work while in custody; workers and leaders who had participated in a strike in cold storage plants at Victoria were dismissed on 2 December 1974; the National Union of Metal and Allied Workers reported the dismissal of a number of workers for acts of protestation regarding their employment or demands. The representatives of the employers' organisations maintained that nobody is dismissed because of trade union activities, unless such activities are illegal. According to the Government, action is taken against victimisation and cases are settled within the Ministry of Labour or by the labour courts. According to statements by trade union leaders and lawyers, the latter procedure is more flexible.
  230. 230 The legislation applicable in these cases is firstly Decree No. 622, which in addition to providing generally that workers shall be adequately protected against any action designed to restrict freedom of association in connection with employment, contains a specific provision relating to trade union officers, who may not be dismissed for trade union activities carried on outside working hours, or within them with the employer's consent (section 8); secondly, the general rule that an employer shall pay compensation to a dismissed worker except in cases where dismissal is justified. It should also be mentioned that Decree No. 622 provides for dismissal for participation in strikes which do not comply with the legal requirements.
  231. 231 Regarding dismissals in the public sector because of the 1973 strike, Decree No. 518 provides that public servants guilty of going on strike, stopping work, or any other irregularities of that kind will be dismissed for "neglect of duty". This does not relieve departments of the obligation to ask permission from the Council of State, as required, and chiefs were also required to warn the employees concerned before dismissing them. Apart from this specific case, the general rule is that a public servant enjoys security of employment. Before he can be dismissed, an administrative inquiry must be undertaken, during which he is allowed to defend himself. An official who feels that he has been wrongly punished can ask the administrative disputes tribunal to declare the decision null and void.
  232. 232 The Director-General's representative states that there appear to have been few dismissals in the public sector. He quotes, as an example, the case of 23 officials of the National Ports Administration who were suspended following the 1973 strike and were dismissed in March 1974 for "negligence".
  233. 233 On the other hand, it appears that a series of administrative inquiries is still pending. The Railwaymen's Union stated that 11 of its members are being subjected to such a procedure after having been arrested and then released by the military examining magistrate. The AUTE Workers' Association (electricity and telecommunications) refers to a similar situation applying to several of its members.
  234. 234 Dismissals and administrative inquiries appear to have been most numerous among teachers. The Director-General's representative says that:
• Besides dismissals, it was brought to my attention that administrative inquiries had been made during 1974, in connection with 400 elementary and secondary school teachers who were consequently suspended because they had been arrested under the emergency security measures or had been the subject of penal proceedings. Various decisions of this kind were published in the Official Gazette for 30 May 1975. It would appear that, once a school teacher is suspended, a period of between one to three months elapses during which he or she gets no more than half pay, all payments being suspended thereafter. It is alleged that the reduction is automatic as soon as the person concerned is brought before a military court. Among the people who have been penalised in this manner are leaders of the school teachers' union such as Didasko Pérez, who was dismissed, and Victor Brindisi, suspended for six months. Both are now at liberty. In the university, some teachers have been dismissed through early retirement or non-renewal of temporary contracts.
  235. 235 In certain state undertakings and services, other action has been taken resulting in workers being kept away from their places of work. The Director-General's representative explains that:
• The law does in fact authorise state organisations to place redundant officials on a "reassignment" list. According to the Minister of Labour, in this manner they can be placed in other departments, in accordance with their staffing needs. Hence, the purpose of such a device is the achievement of greater efficiency, a matter of importance in Uruguay, where public servants are very numerous.
• According to trade union sources, following the general strike in 1973, 85 ANCAP employees, including certain trade union militants and leaders, were placed on a list of staff subject to reassignment and four more were included on the list in November 1974. The Federation of State Water Service Officials (OSE) gave me a list of 11 of its officers who are allegedly in that position. Eighty-five militants and leaders of the Amalgamated Union of the National Port Administration (SUANP) are also alleged to be on a reassignment list. These persons go on being paid, but they have to stay at home during working hours and are forbidden to enter their places of work. Some of the trade unionists I met said that the inclusion of staff on reassignment lists had been used as a device to keep trade union leaders away from their places of work and hence out of contact with the workers. The same sources said that this was borne out by the fact that the law on such matters was not respected, since it required studies to be undertaken with a view to rationalisation, and this had not been done. Furthermore, as long as an official has not been assigned to another job, he is entitled to continue his former work.
  236. 236 In addition to these questions, some complaints refer to an obligation placed on university professors to sign an oath of allegiance to the democratic system of government, in which they give assurance that they do not belong and have never belonged to dissolved anti-national organisations. Act No. 14248 of 30 July 1974, established for all state officials and employees a sworn statement of adhesion to the representative, republican system of government. From the information obtained by the Director-General's representative, it appears that this obligation has hardly ever been enforced in practice outside the university, and that even within the university no longer appears to be applied. Nor was he informed of any cases in which these provisions were used for the purposes of anti-trade union discrimination.
  237. 237 From the information obtained, it appears that the 1973 strike was followed by many dismissals in the private sector and that dismissals also took place later, although on a smaller scale. The situation appears to have been serious in the public sector, with the exception of the teaching profession. Nevertheless, in the public sector also some workers were removed by placing them on a reassignment list, as a result of which they continue to receive their salaries but cannot perform their duties. The causes of dismissal varied and included participation in the general strike, arrest (despite subsequent release), participation in stoppages and submitting claims or making protests. According to the employers, trade union activities are not a cause for dismissal, unless they are illegal.
  238. 238 In the private sector, a dismissed worker can appeal to the Ministry of Labour and to the labour court; if he has been unjustly dismissed, he is entitled to compensation and if he was a trade union leader it appears that he could ask for annulment of the action. In the public sector, the general practice is to hold an administrative inquiry before dismissal. There does not appear to be any effective form of appeal for a worker placed on a reassignment list.
  239. 239 The workers and officials dismissed, made the subject of an administrative inquiry or placed on a reassignment list include many trade union leaders and militants, especially of organisations which were members of the CRT, and it is very probable that the latter factor influenced or was decisive in the measure taken against many of them. According to the Director-General's representative, the autonomous trade unions and those of the CGTU have not been faced by any real problems regarding dismissals. The representative also mentions that in view of the information which he received, it would seem that there have been abuses in the private sector and it may well be that some undertakings prefer to pay compensation rather than take back trade union leaders.
  240. 240 In connection with the latter point, the Committee wishes to point out, as it has done on previous occasions', that legislation enabling employers, on condition that they pay the compensation prescribed by law for cases of unjustified dismissal, to get rid of any worker, even if the true reason is his trade union membership or activities, does not give sufficient protection against the acts of anti-trade union discrimination defined in Convention No. 98.
  241. 241 One of the fundamental principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-social discrimination in respect of their employment, such as dismissal, demotion, transfer or other prejudicial measures, and that this protection is particularly desirable in the case of trade union officials because, in order to be able to perform their trade union duties in full independence, they must have the guarantee that they will not be prejudiced on account of the mandate which they hold from their trade unions. Pursuant to Convention No. 98, the Government must take measures, whenever necessary, to ensure that worker protection is effective, which of course implies that the authorities must refrain from any act likely to provoke or have as its object anti-union discrimination against workers in respect of their employment.
  242. 242 The Committee also wishes to point out that the principle that a worker or trade union official must not suffer prejudice by reason of his trade union activities does not necessarily imply that the fact that a person holds a trade union office confers on him immunity against dismissal irrespective of the circumstances.
  243. 243 Finally, the Committee considers that complaints regarding anti-trade union discrimination should normally be examined inside the country itself, by the application of a rapid, economical and impartial procedure.
  244. 244 The Committee recommends the Governing Body to draw attention to the principles and considerations set out above and to invite the Government to take all necessary measures in both the public and private sectors to ensure that no anti-trade union discrimination occurs and, in particular, to give full application to the relevant provisions of Convention No. 98, which has been ratified by Uruguay.
• New Allegations
  245. 245 Since the visit made by the Director-General's representative, the ILO has received communications from various organisations, containing new allegations of restrictions on freedom of association in Uruguay. These allegations relate mainly to searches made in two trade union offices and to the arrest of trade union leaders and militants.
  246. 246 These communications were received from the CNT, the World Federation of Labour, the International Union of Workers in the Chemical, Oil and Allied Industries, the International Union of Transport Workers Unions and the World Confederation of Labour, dated 25 July and 1 August, 28 and 30 July, 4 and 12 August 1975, respectively. These communications refer to a search carried out in the Montevideo premises of the Union of State Undertaking and Telephone Workers, and the arrest of its President, J. Bentaberry, together with Carlos Garcia, Ramón Gutiérrez, Ismael Sena, Daniel Gonzalez, Raúl Baccino, Pedro Ruiz, Milton González, Julio Lavecchia, Juan Diaz and Angel Cabrera. Mention is also made of the arrest of D. Baldasarri, leader of the oil workers, P. Toledo, leader of the railway workers, Guadil Guerra, of the National Ports Administration, Henderson Cardozo, construction workers' leader and another five workers of that union. In a communication of 10 June, received on 24 September 1975, the CNT alleges the arrest of Antonio Genta, laboratory worker and trade union leader, and another communication of the CNT, dated 22 October 1975, refers to the searching of the trade union premises of the Union of Port Workers and Seamen and to the detention of several workers, including Juan Gomez, Juan Laino and Humberto Rodriguez.
  247. 247 These allegations were transmitted to the Government, which has not yet submitted its observations regarding them.
  248. 248 On the eve of the session of the Committee, another communication was received from the World Federation of Labour, dated 6 November 1975, in which it was alleged that Pedro Toledo and Vladimir Turiansky had been arrested.

B. B. The Committee's conclusions

• Conclusions of the Committee
  249. 249 The present trade union position has its roots in the extremely complex political, economic and social crisis experienced by Uruguay in the years leading up to the events of June 1973. By dissolving Parliament, the Government paralysed all political activity in the country. The dissolution of the National Workers' Convention, grouping most of the trade unionised workers, which had adopted a position unfavourable to the Government, seems to have had as its main objective the elimination of organised and active opposition to its policy, especially in the economic field. Whilst the Government considers it essential that the unions should not engage in politics, on the other hand it seems to consider that the difficult economic situation still does not permit the full development of trade union organisations and activities. Consequently, it has adopted restrictive legislation and practices which affect trade union rights and result in many cases in the adoption of very severe action against trade union militants, leaders or organisations. Nevertheless, it appears probable that some trade unionists have indulged, or are indulging at the same time, in political activities of a type which are at present forbidden, or which are unrelated to trade union activities or extend beyond the scope of normal trade union activities.
  250. 250 The Committee considers it important to separate these two questions and that, as more than two years have elapsed since the events of June 1973, it is urgent to restore a normal trade union situation as regards both legislation and practice. In this connection, the Committee notes with interest the comments made by the Director-General's representative: "Representatives of employers' associations told me how important it is, in their view, that unions should exist. The Government, moreover, seems to be aware that measures need to be taken to come back to a normal situation in this respect. The fact that it has not yet done so is to be attributed, it states, to domestic political considerations, and in addition, to the economic situation, which remains rather difficult. The President of the Republic, in a speech made on 19 April 1975, and the present Minister of Labour in a press conference on 18 June of this year, have indicated that the Government is drafting new legislation on the subject, but that the unions must not be used or manipulated by political or subversive groups for purposes which have nothing to do with trade unionism as, in their view, had been the case in the past. I reminded the Minister of Labour that the present position was abnormal. He answered that the Government hoped to be in a position to submit fresh legislation towards the end of 1975 or early in 1976."
  251. 251 However, the return to a normal trade union situation will be complete only if there are guarantees for the civil liberties which are essential for the normal exercise of trade union rights. Consequently, the Committee wishes to draw attention to the relevant provisions of the resolution concerning trade union rights and their relation to civil liberties (1970) which places special emphasis on the right to freedom and security of person and freedom from arbitrary arrest and detention, freedom of opinion and expression, freedom of assembly, the right to a fair trial by an independent and partial tribunal, and the right to protection of the property of trade union organisations.
  252. 252 Having examined the information resulting from the application of the direct contact procedure, the Committee considers that it would be appropriate and opportune, in view of the nature of the matter, to follow up the evolution of the trade union situation in Uruguay and the effect given to its recommendations, in accordance with the procedure in force. The Committee therefore notes particularly the desire for co-operation with the competent ILO bodies expressed by the Ministry of Labour to the Director-General's representative at the end of his visit.

The Committee's recommendations

1. 253. Under these conditions, and with respect to the case as a whole, the Committee presents the following recommendations to the Governing Body:
   • (a) with regard to the allegations relating to restrictions on freedom of association, to draw the attention of the Government to the importance which should be attached to the rapid adoption and application of trade union legislation in keeping with the provisions of Convention No. 87, taking into account in particular the comments made by the Committee itself and by the Committee of Experts on the Application of Conventions and Recommendations in respect of Decree No. 622, governing trade union activities;
   • (b) with regard to the allegations relating to the dissolution of the National Workers' Convention, the Single National Union of Workers in the Building and Allied Trades and the Federation of Secondary School Teachers, to point out to the Government that, in dissolving these organisations by decree or resolution, it failed to observe the provisions of Article 4 of Convention No. 87, which has been ratified by Uruguay, and to stress the importance which it attaches to the respect of this standard;
   • (c) with regard to the allegations concerning the arrest or orders for arrest of trade union leaders and militants,
   • (i) to note the release of the arrested trade unionists, mentioned in paragraph 198;
   • (ii) regarding Enrique Pastorino and José d'Elia, in view of the time which has elapsed since the events which gave rise to the warrants for arrest issued against them and taking into account the fact that the other CNT leaders who were arrested in application of the same provision have all been released, to request the Government to consider the possibility of cancelling this measure, and thus helping to solve the existing problems regarding freedom of association;
   • (iii) as regards Mr. Vladimir Turiansky, to request the Government to be good enough to supply information concerning his situation in law and the measures taken in this connection.
   • (iv) with regard to the trade unionists still under arrest or awaiting trial by military courts:
     • - to reiterate the principle that in all cases, including those in which trade unionists are accused of offences of a political nature or under common law which the Government considers to have no bearing on their trade union functions or activities, the persons concerned should be tried as rapidly as possible by an impartial and independent judicial authority;
     • - to request the Government to notify it of the decision taken, or transmit the text of the judgments in respect of the trade unionists mentioned above in paragraph 207, indicating the grounds adduced therefor;
     • - to request the Government to send information on the position of the trade unionists mentioned in paragraph 208;
   • (v) regarding the allegations of ill-treatment, even if cases of ill-treatment might have been exceptional, to draw the attention of the Government to the importance of taking all necessary measures, including specific instructions and effective sanctions, to ensure that no detainee is subjected to ill-treatment;
   • (d) with regard to the allegations concerning searches of trade union premises, to draw the attention of the Government to the principles and considerations set out in paragraph 225, so that it may take the necessary measures to prevent possible abusive searches of trade union premises and bring about the return of impounded trade union property and the reopening of closed offices;
   • (e) with regard to the allegations concerning anti-trade union discrimination, to draw attention to the principles and considerations set out in paragraphs 240 to 243, and to invite the Government to take appropriate measures in both the public and private sectors to ensure that there is no anti-trade union discrimination and, in particular, to give full application to the relevant provisions of Convention No. 98, which has been ratified by Uruguay;
   • (f) to invite the Government, in accordance with the points mentioned in paragraph 252 above, to send complete information, before the February 1976 meeting of the Committee, regarding the measures taken or planned to give effect to the recommendations made, and its observations on the outstanding questions and allegations;
   • (g) to take note of this interim report, it being understood that the Committee will submit a further report for the next meeting of the Governing Body.